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ACT SUMMARY 2007-2008


ACT NO. 74

(H.449 )

Human services; children in need of care

and supervision; VHAP; Medicaid

This act adds to the statement of purpose for the Department for Children and Families that the Department may cooperate with the appropriate federal agency for the purpose of assisting youth in a successful transition to an independent adulthood, including the avoidance of homelessness, incarceration, and substance abuse. It requires the Department to establish a program to provide a range of age-appropriate services for youth between age 18 and age 22 to ensure a successful transition to adulthood, including foster care housing assistance, transportation, case management services, assistance with obtaining and retaining health insurance or employment, and other services, as appropriate. The act mandates that the Department provide foster care services for any person between age 18 and age 22 (a) who was in the department’s custody at the time he or she turned 18; (b) who spent 5 years in the custody of the department when between the ages of 10 and 18; or (c) who leaves state custody after the age of 16 and at or before the age of 18. The services are to be provided only upon the request of the person to receive the services.

The department shall by rule require a youth receiving services under this section to be employed or to attend an educational or vocational program. If the youth is working, the Department shall require that he or she contribute to the cost of services based on a sliding scale, unless the youth meets the criteria for an exception to the employment and educational or vocational program requirements of this section based on a disability or other good cause.

The commissioner shall establish a method for measuring and evaluating the outcomes of transitional services, and shall report to the house committee on human services and the senate committee on health and welfare annually on January 15.

The act requires the secretary of administration, in consultation with the secretary of human services, the commissioner of labor, the commissioner of disabilities, aging, and independent living, the commissioner of corrections, the commissioner for children and families, and the commissioner of education, to study the costs and benefits of providing necessary transitional services up to age 22 for a youth who has a functional developmental disability and has been receiving state-funded services or services under an individualized education program (IEP) on or before the youth’s 18th birthday; or has been receiving state-funded services for severe emotional disturbance on or before his or her 18th birthday in order to assist the youth in becoming a self-sufficient adult. The act requires the secretary of administration to solicit and summarize in his or her final report input from consumers, providers, and representatives of disability organizations, including the Vermont federation of families for mental health, the Vermont coalition of disability rights, the Vermont council of developmental and mental health services, and the Vermont developmental disabilities council. The secretary of administration shall report the results of this study to the house committee on human services and the senate committee on health and welfare no later than November 30, 2007.

The act exempts individuals under age 21 who are enrolled in Medicaid or Dr. Dynasaur from any obligation to pay a prescription co-payment.

Effective Date: upon passage.

Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont